(a)

There is hereby established a Planned Residential Development option, with the purpose of allowing and encouraging flexibility in the types of residential dwellings and in the design of residential development, encouraging preservation of open space, while conforming to the density regulations of the R-4 District.

(b)

The term "Planned Residential Development" means a specific parcel of land or contiguous parcels of land located entirely within an R-4 and/or R-5, One-Family Residential District under single ownership and control for which a comprehensive physical plan meeting the requirement of this section has been approved by the city council, and which has been, is being, or will be developed in accordance with the approved plan. Planned Residential Development is sometimes hereinafter referred to as PRD.

(c)

Approval of a PRD shall be considered an optional method of development and improvement of property, subject to the mutual agreement of the city and the applicant.

(a)

In order to qualify for consideration under the PRD option, the following requirements shall be satisfied:

(1)

The proposed PRD areas shall be in one ownership.

(2)

The land shall have direct access to a major or secondary thoroughfare.

(3)

The PRD option is only intended for development which is planned and anticipated to be substantially underway within 24 months from the time of approval. The city's approval of a PRD shall expire within 24 months if construction of at least ten percent of the planned dwelling units is not started by that time.

(b)

As matters of general design policy, the following objectives shall be encouraged and sought in PRD plans, as appropriate for the location.

(1)

Scenic open spaces shall be provided along major roads and the width of such open space shall generally be equal to about one-half [of] the right-[of-]way.

(2)

Recreation and scenic open space and facilities shall be provided for the use and enjoyment of PRD residents.

(3)

Pathways for pedestrian and bicycle circulation shall be separated as completely as possible from the vehicular circulation system so as to reduce and minimize points of traffic conflict, and to enhance safety of pedestrian and bicycle circulation.

(4)

Private roads within the PRD, if any, shall conform to the minimum road standards established by the city for public roads.

(5)

A variety and mixture of housing types is encouraged, and the PRD shall include adequate provisions and safeguards to assure that the planned variety and proportions of housing types will be accomplished within a reasonable period of time.

(a)

In a Planned Residential Development, the following [principal] uses shall be permitted:

(1)

Detached one-family residential dwellings with each such dwelling located on a lot in a recorded subdivision. Not less than one-half of the total number of dwellings in the PRD shall be one-family detached dwellings.

(2)

Detached one-family residential dwellings or attached one-family residential dwellings located in a "condominium project" as defined by Act 59 of 1978, as amended. These dwellings shall be in conformance with a condominium subdivision plan approved by the city council, and with the Michigan Corporation and Securities Commission in accordance with that statute.

(b)

For purposes of this section, an "attached one-family dwelling" is a dwelling unit having one or more walls attached to the walls of not more than two other such units, and which is completely self-contained, with no part of the dwelling unit above or below another dwelling and without interior access to any other dwelling unit, and with each dwelling unit having its own entrance directly to the outdoors. There shall be no more than five dwelling units which are attached directly or indirectly one to another.

[The following accessory uses shall be allowed in a Planned Residential Development:]

(1)

Same as accessory uses allowed in a One-Family Residential District.

(2)

In conjunction with and as part of the PRD; subdivision or neighborhood recreation and social facilities, such as swimming pools, parks, recreation buildings, social centers, public utilities, and similar facilities designed and intended primarily for the use of residents of the PRD.

The PRD option under the R-4 and/or R-5, One-Family Residential District does not allow stores, office buildings, or any other uses not herein designated as permitted uses. A PRD plan may include proposals for such supplementary neighborhood or community facilities; however:

(1)

These would entail rezoning to accommodate such nonresidential uses; and

(2)

The land for such nonresidential uses shall be clearly and specifically identified in the PRD plan as being outside the boundary of the PRD, and not included in the density calculations thereof.

In order to be considered for Planned Residential Development, the minimum overall project site size shall be 80 acres. The maximum allowable density and minimum recreation space and open space requirements in any PRD shall be in accordance with the following standards:

(1)

There shall be a minimum average of 9,600 square feet of land area per dwelling unit in a PRD, exclusive of public and/or private street rights-of-way.

(2)

The R-4 requirements of the schedule of district regulations shall be used as guidelines for lot area, lot width, lot coverage, yard setbacks, and building height. These requirements may be modified in the approved plan provided they are appropriate to the design of the PRD and the intent of this section.

(3)

For each square foot of open space or recreation space permanently established by the PRD, there may be a corresponding reduction of one square foot in the land area required to accommodate the number of dwelling units proposed, to a maximum of 25 percent of the total required land area. This shall mean that the actual land area per dwelling unit in a PRD shall not be less than 7,200 square feet, exclusive of open space and recreation areas and street rights-of-way.

(4)

No individual lot area, lot width, or yard setback shall be reduced by more than 25 percent of the R-4 requirements.

(5)

An individual area being considered for approval as open space or recreation space shall not be less than one acre in size. This standard may be modified only in the case of very unique or critical natural areas that are actually less than one acre in size or in the case of certain pedestrian facilities designed to separate pedestrian and automobile traffic.

(6)

All proposals for Planned Residential Development in R-4 districts shall provide a minimum of 1,450 square feet of open space or recreation area per dwelling unit proposed. Within an R-5 district, a minimum of 2,250 square feet of open space or recreation area per dwelling unit shall be provided.

(7)

It is the intention of the PRD option that land area and setback reductions should result in the creation of significant sites for recreation activities or in the preservation and protection of significant natural features of the site such as unique topography, important wetlands, heavily wooded areas, scenic views and the like. In addition, these areas should relate directly to those portions of the development where land areas per unit will be reduced and should be available for the use and enjoyment of PRD residents. If these conditions are not met, the city will not approve the lot area reductions.

(a)

The difference in land area between the minimum required total land area in PRD and the provided lot area shall be furnished in open land area comprised of land for recreation, conservation, floodplains, and/or other open land uses. The open space may include incidental and accessory buildings and structures serving the subdivision, such as recreation and social center buildings. All open space which is to be utilized toward satisfying the density requirements of the PRD shall be restricted by appropriate covenants running with the land to assure the perpetual use of such land as intended by the approved PRD plan, and shall be designed and intended primarily for the use and enjoyment of the PRD residents. Land may be designated for schools, houses of worship, and similar uses listed under R-4 and/or R-5 special exception uses, but shall not be included toward satisfying the density requirements of the PRD.

The owner(s) of land zoned R-4 and/or R-5, One-Family Residential District may make application to the city council for consideration under this section of this ordinance according to the following procedure:

(1)

Submittal of proposed PRD plans. An application shall be made to the city clerk for review and recommendation by the planning commission of the following:

a.

Boundary survey of the exact acreage being requested, certified by a registered land surveyor or civil engineer.

b.

A topographic-planimetric map of the area at a contour interval of not less than two feet, identifying all major stands of trees, bodies of water, and unbuildable areas, certified by a registered land surveyor or civil engineer.

c.

A preliminary development plan of the PRD carried out in sufficient detail to identify: the functional use areas and dwelling unit types being requested; the proposed population densities; a traffic circulation plan; site being reserved for schools, service activities, playgrounds, recreation areas, parking areas, and other open spaces and areas to be used by the public and/or by residents of the PRD. This plan shall be certified by a registered architect or a registered landscape architect.

d.

Preliminary plan of contemplated storm runoff, sanitary sewer, and water distribution systems, together with a preliminary grading plan.

All maps and plans in subsections (1)a through d [of this section] shall be at a scale of not less than one inch equals 40 feet.

e.

A written statement explaining in detail the full intent of the applicant and indicating types of dwelling units contemplated, resultant population and densities, calculations of area requirements, together with supporting documentation, such as soil surveys and intended schedule of development.

(a)

The city clerk shall refer such application to the planning commission for its report and recommendation to the city council. Upon receiving the planning commission's report and recommendation, the city council may approve said application and PRD plan only upon finding that:

(1)

All applicable provisions of this section and this ordinance have been met.

(2)

Adequate areas have been provided for utilities, schools, walkways, playgrounds, recreation areas, parking and other open space and areas to be used by the public and/or residents of the development.

(3)

There will be at the time of development an adequate means of treatment and disposal of sanitary sewage and of water supply, and the road system and storm water drainage systems shall be adequate.

(4)

The plan provides for an efficient, aesthetic, and desirable use of the open areas and that the plan is in keeping with the objectives of the comprehensive development plan.

(5)

The applicant has made provision satisfactory to the city council to assure that those areas shown on the plan for use by the public or occupants of the development will be or have been committed for that purpose.

(6)

Provisions have been made satisfactory to the city council to provide for the future financing of any improvements shown on the plan for open space areas and common use areas which are to be included within the PRD, and that maintenance of such improvements is assured by a means found to be satisfactory to the city council.

(7)

The cost of installing all streets, utilities, and public improvements has been assured by a means satisfactory to the city council.

(b)

The city council shall then instruct the city attorney to prepare a contract setting forth conditions upon which such approval is based. After approval by resolution of the city council, this contract shall be executed by the city and the applicant, and recorded in the office of the Oakland County register of deeds. Approval of the PRD shall be effective upon recordation.

(c)

Any special exception use(s) provided for under the R-4 and/or R-5 District may be approved as part of the PRD plan by the city council without city planning commission approval, provided no such use is within less than 300 feet of a boundary of the PRD.

(d)

Once an area has been included within a plan for PRD and such plan has been approved by the city council, no development may take place in such area nor may any use thereof be made except in conformance and accordance with the plan or a city council approved amendment thereto, unless the plan is terminated as provided herein.

(e)

Prior to any development within the area involved, an approved PRD plan may be terminated by the applicant or his successors or assigns by filing such termination with the city clerk and recording same in the Oakland County Records.

(f)

No approved PRD shall be terminated after development commences, except with the approval of the city council and of all parties with an interest in the land.

(g)

Within a period of two years following approval by the city council of the PRD, final plats and/or site plans for an area embraced within the PRD must be submitted as hereinafter provided. If such plats and/or plans have not been submitted and approved within the two-year period, the right to develop under the approved plan may be terminated by the city.

(h)

The PRD shall be consistent with and promote the intent and purpose of article 25. The land uses and activities shall be compatible with adjacent uses of land, the natural environment, and the capacities of public utilities, roads, fire and police services, schools, playground and other public services and facilities. The PRD shall be consistent with the public health, safety, and welfare of the city.

(i)

Before approving a PRD Plan, the city council shall hold at least one public hearing on the request. The city council shall grant a pre-application conference and/or review a preliminary site plan before the public hearing if requested by the applicant.

(j)

Notification of the public hearing shall be given in the same manner as required by section 2602. Within a reasonable time following the public hearings, the city council shall meet for final consideration of the request, and shall deny, approve, or approve with conditions, the request. It shall prepare a report stating its conclusions on the request, the basis for decision, and any conditions relating to an affirmative decision pursuant to section 2604.

(k)

Approvals may be granted on the PRD as a whole or on each phase of a multiphased development if each phase contains the necessary components to insure protection of natural resources and the health, safety, and welfare of the users of the development and the residents of the surrounding area.

(a)

Before any building permits or zoning compliance permits shall be issued for buildings and structures within the PRD, final plats and/or site plans as appropriate for the area shall be submitted to the city clerk for review and recommendation by the planning commission. Plats shall be prepared and furnished in accordance with the procedures of the city for plats, and site plans shall be submitted in accordance with article 27.

(b)

In order to assure the development of open space as provided for in the PRD plan, the city council shall include in the contract recorded with the Oakland County register of deeds a schedule for the completion of phases or portions of the open space so that it coincides with completion of dwelling units. The developer may suggest a schedule for review by the city council.

(c)

Fees for review of PRD plans, plats, and site plans in conjunction with planning and development of PRDs shall be established by resolution of the city council.